Terry Pursues Legal Recourse
"This is a conflict between the rule of law and free elections on one hand, and the abuse of power and suppression of free speech on the other. We will fight NBC, and we will win. Chicago will see the bodies of babies who are murdered under Obama's policies, and have a chance to vote for a pro-life candidate: me." -- Randall Terry, Democrat Candidate for President.
See Mr. Terry's Super Bowl ad, scheduled to run in nearly 20 cities, at: www.TerryForPresident.com
CHICAGO, Jan. 26, 2012 /Christian Newswire/ -- Randall Terry, Democratic Candidate for President, is pursuing legal recourse to compel NBC Chicago to obey the law, and run Mr. Terry's Presidential Campaign ad in Chicago.
Mr. Terry states:
"Heck, if the dead can vote so easily in Chicago, why not give dead babies a voice too?
"We invite the media to see through and report on what is happening...
"We ran ads with dead baby images in eight states; CNN breaks the story about our ads during the Super Bowl; Obama's people decide to suppress our campaign; Obama's people tell NBC-Chicago to stonewall; someone in power is promising NBC cover; the Chicago Tribune is pretending this is not happening (by being silent as a dumb dog); and we have been forced to obtain attorneys.
"We have spoken with several lawyers today, who are ready to compel NBC to obey the rules of their FCC license. Since NBC is flagrantly involved in a 'willful' and 'repeated' refusal to run our ads, we will request the FCC compel them to run the ad, as well as bring punitive sanctions against them. [See law below regarding "willful" and "repeated"]
"We already have TV ads bought and paid for in over a dozen markets to run during the Super Bowl, and in pre-game shows. We will not rest until we prevail in Chicago. The babies murdered under Obama's policies deserve a voice in the Illinois primary, and we will provide it for them."
Below is the FCC law governing TV ads for Federal Candidates.
Go to www.TerryForPresident.com and click on State Campaigns to see our "substantial showing" in Illinois.
Section 73.1940 [47 CFR §73.1940] Legally qualified candidates for public office.
(1) Has qualified for a place on the ballot; or
(2) Has publicly committed himself or herself to seeking election by the write-in method and is eligible under applicable law to be voted for by sticker, by writing in his or her name on the ballot or by other method, and makes a substantial showing that he or she is a bona fide candidate for nomination or office.
[The definition of "substantial showing that he or she is a bona fide candidate for nomination or office..." is defined by statute, as follows]
(f) The term "substantial showing" of a bona fide candidacy as used in paragraphs (b), (d) and (e) of this section means evidence that the person claiming to be a candidate has engaged to a substantial degree in activities commonly associated with political campaigning. Such activities normally would include making campaign speeches, distributing campaign literature, issuing press releases, maintaining a campaign committee, and establishing campaign headquarters (even though the headquarters in some instances might be the residence of the candidate or his or her campaign manager). Not all of the listed activities are necessarily required in each case to demonstrate a substantial showing, and there may be activities not listed herein which would contribute to such a showing.
Section 312 [47 U.S.C. §312] Administrative sanctions.
(a) The Commission may revoke any station license or construction permit -- (7) for willful or repeated failure to allow reasonable access to or to permit purchase of reasonable amounts of time for the use of a broadcasting station, other than a non-commercial educational broadcast station, by a legally qualified candidate for Federal elective office on behalf of his candidacy. (f) For purposes of this section:
(1) The term "willful," when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act or by a treaty ratified by the United States.
(2) The term "repeated," when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.
